PEOPLE v. SALVATIERRA

Rose, J.

In satisfaction of two pending indictments, defendant pleaded guilty in April 1997 to criminal possession of a controlled substance in the second degree and attempted sodomy in the first degree, and County Court imposed consecutive prison sentences of five years to life and 1½ to 4½ years, respectively. Following the enactment of the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1 [hereinafter DLRA 2005]), defendant applied for resentencing and County Court denied the motion, holding that defendant did not satisfy the eligibility criteria contained therein. This appeal by defendant ensued.

We affirm. "[I]n order to qualify for resentencing under [DLRA 2005], a class A-II felony drug offender must not be eligible for parole within three years" ( People v Thomas, 35 AD3d 895, 896). As defendant was already eligible for parole at the time he applied for resentencing, County Court correctly denied his application ( see People v Owens, 45 AD3d 1050). Inasmuch as defendant was plainly ineligible, as a matter of law, for resentencing, County Court quite properly denied his application and, further, did not err in doing so without a hearing ( see People v Perez, 44 AD3d 418, 419, lv denied 9 NY3d 992).

Ordered that the order is affirmed.